WHAT IS A STRIKE UNDER INDUSTRIAL DISPUTE ACT, 1947
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Abstract
The right to strike in the Indian constitution set up is not absolute right but it flows from the fundamental right to form union. As every other fundamental right is subject to reasonable restrictions, the same is also the case to form trade unionsi to give a call to the workers to go on strike and the state can impose reasonable restrictions. In All India Bank Employees Association vs. I.T., Supreme Court held that "the right to strike or right to declare lock out may be controlled or restricted by appropriate industrial legislation and the validity of such legislation would have to be tested not with reference to the criteria laid down in clause (4) of article 19 but by totally different considerations." Thus, it is a fundamental right to form association or Labor unions but there is no fundamental right to go on strike. Under the ID Act, the ground and condition are laid down for the legal strikeii and if those provisions and conditions are not fulfilled then the strike will be illegal.
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